Domestic Abuse Survivors Denied Right To Housing Subsidy: Lawsuit

BROOKLYN, NEW YORK -- A city housing department discriminated against domestic violence survivors by denying them rent subsidies that once belonged to their abusive partners, a new lawsuit alleges.

The Legal Aid Society filed suit against the Department of Housing Preservation and Development Thursday, arguing the agency broke federal laws by refusing to transfer Section 8 vouchers from abusive spouses to women who needed the subsidy to avoid eviction, court records show.

The primary client, identified as B.D. in the lawsuit, is a 59-year-old woman potentially facing homelessness after HPD refused to transfer a rent subsidy from the husband, who attacked B.D. with a knife, to B.D.

B.D. took over the lease of an apartment she and her husband shared, after he was arrested and she was granted a restraining order against him, in 2015, according to the civil complaint.

But when B.D. told HPD she needed to add her name to the Section 8 voucher, and have his removed, she never heard back, according to the complaint.

HPD later held a hearing to address her request, but never informed B.D. and ruled against her, the complaint shows.

On April 30, 2018, HPD stopped helping B.D. to pay her rent.

Legal Aid attorneys argue that in failing to inform B.D. that her case would be heard, HPD violated the federal Violence Against Women Act, which mandates public housing agencies provide survivors the chance to apply for subsidized housing programs formerly held by their abusive spouses.

"The abuser is afforded an opportunity to speak," the complaint reads. "The survivor is not."

And because there are so many New York City women who have experienced domestic abuse —data shows the NYPD received more than 100,000 reports of domestic violence in 2017 — and almost 25 percent families found eligible to enter shelters qualify because of domestic violence, Legal Aid argues HPD's actions constitute discrimination against women.

“HPD’s current practice is fraught with issues including discrimination and a lack of due process," said Casey Rubinoff, a staff attorney with the Legal Aid Society. “We look forward to correcting this practice in court very soon.”

Legal Aid attorneys also argue this treatment has endangered their client. After the hearing, in October 2018, B.D.'s ex-husband came to her apartment, which he demanded she leave, and tried to force the front door open, court records show.

Mayor Bill de Blasio commented on the case Thursday afternoon, telling reporters the city would help B.D. find housing and casting blame on the U. S. Department of Housing and Urban Development.

"Of course it should be changed, that rule, of course survivors should not have to share a voucher with the person who abused them," he said. "But that’s a federal policy that we have to navigate."

HPD was not immediately able to provide a comment for this report.